The Daily Bulletin: 2013-05-15

The Daily Bulletin: 2013-05-15

PUBLIC/HOUSE BILLS
H 109 (2013-2014) MOTORCYCLE HELMET LAW/STUDY (NEW). Filed Feb 14 2013, A BILL TO BE ENTITLED AN ACT TO DIRECT THE JOINT LEGISLATIVE TRANSPORTATION OVERSIGHT COMMITTEE TO REVIEW THE LAWS OF THIS STATE AND OTHER STATES RELATING TO THE USE OF MOTORCYCLE HELMETS, AND TO CONSIDER WHETHER THE STATE'S MOTOR VEHICLE LAWS SHOULD BE AMENDED TO PROVIDE CERTAIN EXCEPTIONS TO THE REQUIREMENT THAT ALL OPERATORS AND PASSENGERS ON MOTORCYCLES OR MOPEDS WEAR A SAFETY HELMET.

House committee substitute makes the following changes to the 2nd edition.

Changes the short and long title.

Deletes all of the provisions of the 2nd edition in its entirety.

Directs the Joint Legislative Transportation Oversight Commission to review the laws in North Carolina and other states in regards to the use of motorcycle helmets and consider whether the state's motor vehicle laws should be amended to provide exceptions to the requirement that all operators and passengers on motorcycles or mopeds wear a safety helmet. Sets out six required elements of the study, including the effect of motorcycle helmet laws, or the repeal of those laws, on medical costs and insurance premiums, and fiscal implications for state and local governments. Requires the Joint Legislative Transportation Oversight Commission to report its findings and recommendations to the General Assembly on or before the date of the convening of the 2014 Regular Session.

Intro. by Torbett.STUDY
H 112 (2013-2014) MODIFICATIONS/2013 APPROPRIATIONS ACT (NEW). Filed Feb 14 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND OTHER MODIFICATIONS TO THE CURRENT OPERATIONS AND CAPITAL IMPROVEMENTS APPROPRIATIONS ACT OF 2013 AND TO RELATED LEGISLATION.

House committee substitute makes the following changes to the 1st edition:

Revises sub-subdivision (3)b. to confer qualified civil immunity from liability for the North Carolina Rate Bureau when erroneous information is released pursuant to that sub-subdivision. Removes claims, business ratings, and premiums from the specified data requested by GBICC that must be released by the NC Rate Bureau.

Intro. by Dollar, Collins, McElraft. UNCODIFIED
H 182 (2013-2014) ADJOURNMENT (NEW). Filed Feb 27 2013, A JOINT RESOLUTION PROVIDING FOR ADJOURNING THE 2013 REGULAR SESSION OF THE GENERAL ASSEMBLY TO A DATE CERTAIN AND LIMITING THE MATTERS THAT MAY BE CONSIDERED UPON RECONVENING AND PROVIDING FOR ADJOURNMENT SINE DIE OF THE 2013 REGULAR SESSION OF THE GENERAL ASSEMBLY.

House committee substitute to the 1st edition makes the following changes. Requires the Legislative Services Commission to use available funds to fund the Joint Legislative Efficiency and Cost-Savings in State Government Study Commission's (Commission) work. Requires the Commission to, at its first meeting, select two principal state departments to review (was, determine which agencies to review). Requires that one of the departments be selected from the list in GS 143B-6 (listing principal departments) and one from those principal state departments that are under the direction and control of a member of the Council of State. Makes conforming changes replacing references to agencies with departments.

Intro. by Blackwell, Collins.STUDY
H 204 (2013-2014) UPDATE/MODERNIZE/MIDWIFERY PRACTICE ACT. Filed Mar 4 2013, A BILL TO BE ENTITLED AN ACT REQUIRING THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES TO STUDY WHETHER CERTIFIED NURSE MIDWIVES SHOULD BE GIVEN MORE FLEXIBILITY IN THE PRACTICE OF MIDWIFERY.

House committee substitute makes the following changes to the 2nd edition.

Changes the long title.

Deletes the provisions of the 2nd edition in their entirety and provides for the following:

Directs the Joint Legislative Oversight Committee on Health and Human Services to create a new subcommittee to study whether certified nurse midwives should be given more flexibility in the practice of midwifery. The Chair of the Committee will appoint members to the subcommittee and can appoint members of the public, in addition to any members of the General Assembly.

The subcommittee will be tasked with studying whether a certified nurse midwife should be allowed to practice midwifery in collaboration with, rather than under the supervision of, a licensed physician engaged in the practice of obstetrics.

The subcommittee will submit a final report of its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services no later than April 1, 2014, with the Committee submitting a final report to the 2014 Regular Session of the 2014 General Assembly by May 15, 2014.

Intro. by Stevens, Burr, Glazier, Hamilton. STUDY
H 232 (2013-2014) STATE HEALTH PLAN/STATUTORY CHANGES.-AB Filed Mar 5 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL AND OTHER CHANGES TO THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES STATUTES, AS REQUESTED BY THE STATE HEALTH PLAN.

House committee substitute to the 2nd edition makes the following changes. Deletes proposed changes to GS 135-48.30, which was amended to allow the State Treasurer to adopt, implement, and administer population health management programs as well as wellness programs or incentives. Makes conforming changes.

Intro. by Dockham.GS 135, GS 147
H 269 (2013-2014) CHILDREN W/DISABILITIES SCHOLARSHIP GRANTS. Filed Mar 11 2013, A BILL TO BE ENTITLED AN ACT TO CREATE SPECIAL EDUCATION SCHOLARSHIP GRANTS FOR CHILDREN WITH DISABILITIES.

House amendments make the following changes to the 3rd edition.

Amendment #1 clarifies that subsections (a) and (b) of Section 5 of this act only become effective if there is an appropriation of funds by the Current Operations and Capital Improvement Act of 2013from the General Fund to the NC State Education Assistance Authority.

Amendment #2 provides the following eligibility requirements in GS 115C-112.3 for parents to receive reimbursement for tuition and special education and related services: (1) parents must provide documentation that the student was enrolled in a nonpublic school for no less than 75 days of the the semester for which the parents seek reimbursement, (2) parents may only receive reimbursement for related services provided to home-schooled students if they provide documentation that the student received related services for no less than 75 days of the semester for which the parents are seeking reimbursement. Also requires parents to submit confirming documentation, including receipts, at the end of each school semester to demonstrate the costs incurred during the semester.

Intro. by Jordan, Brandon, Jones, Stam.GS 105, GS 115C
H 273 (2013-2014) CHARTER SCHOOL/LEA ACCOUNTING OF FUNDS. Filed Mar 11 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CHARTER SCHOOLS MAY USE STATE FUNDS FOR OPERATIONAL LEASES AND MAY ASSIGN STATE FUNDS TO OBTAIN FUNDS FOR FACILITIES, EQUIPMENT, AND OPERATIONS; AND TO REQUIRE ACCOUNTING OF CHARTER SCHOOL FUNDS AND A TIME LINE FOR THE TRANSFER OF FUNDS BY LOCAL BOARDS OF EDUCATION TO CHARTER SCHOOLS AND TO PROVIDE FOR ATTORNEYS' FEES, COSTS AND INTEREST IN ACTIONS TO ENFORCE TRANSFERS.

House amendment makes the following changes to the 3rd edition:

Changes the bill title to conform to changes in the bill.

Amends GS 115C-238.29H(b) by deleting new language at the end of this subsection that limited transfer of supplemental taxes to charter schools based on ballot language.

Deletes Section 2 of the bill, which amended GS 115C-426(c).

Amends the effective date clause to delete language applying Section 1 of the act to any judgment entered after the effective date.

Intro. by Hardister, Malone, Brandon, Stam. GS 143B
H 273 (2013-2014) CHARTER SCHOOL/LEA ACCOUNTING OF FUNDS. Filed Mar 11 2013, A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT CHARTER SCHOOLS MAY USE STATE FUNDS FOR OPERATIONAL LEASES AND MAY ASSIGN STATE FUNDS TO OBTAIN FUNDS FOR FACILITIES, EQUIPMENT, AND OPERATIONS; AND TO REQUIRE ACCOUNTING OF CHARTER SCHOOL FUNDS AND A TIME LINE FOR THE TRANSFER OF FUNDS BY LOCAL BOARDS OF EDUCATION TO CHARTER SCHOOLS AND TO PROVIDE FOR ATTORNEYS' FEES, COSTS AND INTEREST IN ACTIONS TO ENFORCE TRANSFERS.

House committee substitute makes the following changes to the 2nd edition.

Amends GS 115C-238.29H(b) to restrict the transfer of revenue derived from supplemental taxes only to a charter school located in the tax district for which the taxes are levied and in which the student resides, if the language on the ballot when the supplemental tax was approved by the voters specified that the supplemental taxes were only to be levied for students attending schools in that specific tax district (was, unconditionally repealed the restriction on transferring supplemental tax revenue outside of the tax district, which allowed funds to follow the student).

Provides that Section 1 of this act, which includes allowing for the awarding of attorneys' fees inactions to enforce the provisions of subsection (b) of GS 115C-238.29H, applies to any judgment entered after the effective date of this act.

Current lawrequires that the uniform budget format for local school administrativeunits (LEAs)consist of (1) the State Public School Fund, (2) the local current expense fund, and (3) the capital outlay fund.Current law also allows the use of other funds to account for a varietyof reimbursements. Amends GS 115C-426(c) todelete provisions for the use of other funds to account for reimbursements and to provide that other funds may only be used if necessary to comply with a requirement by a donor that the LEA provide an accounting for trust funds and federal grants restricted as to use.

Amends the bill title.

Intro. by Hardister, Malone, Brandon, Stam. GS 115C, GS 143B
H 300 (2013-2014) CITIES/PUBLIC TRUST RIGHTS. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT CLARIFYING THAT CITIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS.

House committee substitute makes the following changes to the 2nd edition.

Amends the enactment clause, providing that nothing in this act will be deemed to affect any claims or actions pending at the time of the act's effective date, and the statutes and law applicable to those pre-existing claims and actions, but for this act, remain applicable to those claims and actions.

Intro. by McElraft.GS 113, GS 160A
H 320 (2013-2014) MEDICAID MANAGED CARE/BEHAVIORAL HEALTH SVCS. Filed Mar 14 2013, A BILL TO BE ENTITLED AN ACT TO ESTABLISH STANDARDS FOR MEDICAID MANAGED CARE FOR BEHAVIORAL HEALTH SERVICES UNDER THE 1915(B)/(C) MEDICAID WAIVER, INCLUDING THE ESTABLISHMENT OF GRIEVANCE AND APPEAL PROCEDURES FOR ENROLLEES.

House Amendment #2 makes the following changes to the 2nd edition of the bill as amended (Amendment #1 adopted 05-14-2013):

Amends GS 108D-29 by adding a new subsection (h) requiring mediation prior to a hearing for a contested case filed under this section. Under subsection (h), the Office of Administrative Hearings (OAH) must immediately notify the Mediation Network of North Carolina upon receipt of a request for an appeal; the Mediation Network must contact the recipient within five days to offer mediation which, if accepted, must be completed within 25 days of the appeal request. If the mediation is successful, OAH must dismiss the case; OAH cannot conduct a hearing on a contested case unless the mediator notifies OAH that the mediation offer was rejected, mediation was unsuccessful, or the petitioner failed to appear at mediation.

Amendment #2 also reletters the remaining subsections of GS 108D-29 and makes technical changes to GS 108D-27(e) and -28(e).

Intro. by Dollar, Burr.GS 108C, GS 122C, GS 108D
H 345 (2013-2014) INCREASE PENALTIES FOR MISUSE OF 911 SYSTEM. Filed Mar 19 2013, AN ACT TO INCREASE THE CRIMINAL PENALTY FOR MISUSE OF THE 911 SYSTEM, AND TO PROVIDE FOR RECOMMENDATIONS FOR CERTAIN APPOINTMENTS TO THE STATE 911 BOARD.

House amendment makes the following changes to the 2nd edition:

Amends GS 62A-41(a)(2) to require that the sheriff appointed to the 911 Board by the General Assembly upon the recommendation of the Speaker of the House be recommended by the North Carolina Sheriff's Association.

Changes the entity responsible for studying specified issues related to the 911 Board, 911 Service, and Public Safety Answering Points from the Joint Legislative Emergency Management Oversight Committee to the Legislative Research Commission.

 

Intro. by Faircloth. STUDY, GS 14, GS 62A
H 362 (2013-2014) DEPT. OF PUBLIC SAFETY CHANGES.-AB Filed Mar 19 2013, A BILL TO BE ENTITLED AN ACT TO MAKE TECHNICAL, CLARIFYING, AND SUBSTANTIVE CHANGES RELATING TO THE DEPARTMENT OF PUBLIC SAFETY AND TO ELIMINATE THE BENCHMARKS CEILING RELATING TO PURCHASES AND CONTRACTS.

House committee substitute makes the following changes to the 2nd edition:

Deletes Section 9 of the bill which amended GS 166A-19.11 providing authorization to the Secretary of Public Safety to spend up to $2 million available for emergency response prior to a state of emergency declaration.

Renumbers the remaining sections of the bill.

Intro. by Faircloth.GS 20, GS 143, GS 143B, GS 148, GS 166A
H 417 (2013-2014) MODIFY INTERNAL AUDITING STATUTES. Filed Mar 21 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY THE INTERNAL AUDITING STATUTES APPLICABLE TO LARGE STATE DEPARTMENTS AND THE UNIVERSITY SYSTEM.

House committee substitute makes the following changes to the 2nd edition.

Amends GS 143-746 by adding new subsection (e) to require the Office of State Budget and Management to provide technical assistanceto state agencies with insufficient personnel to comply with this section's provisions regarding internal auditing requirements.

Intro. by Hastings, Stone, S. Ross, R. Brown.GS 143
H 433 (2013-2014) LAND USE SURROUNDING MILITARY INSTALLATIONS. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO SUPPORT THE ACTIVITIES OF THE ARMED FORCES AND TO MAINTAIN AND ENHANCE THE MILITARY'S PRESENCE IN NORTH CAROLINA BY REGULATING THE HEIGHT OF BUILDINGS AND STRUCTURES LOCATED IN AREAS THAT SURROUND MILITARY INSTALLATIONS IN THE STATE.

Senate amendment makes the following changes to the 5th edition:

Amends GS 143-151.71(7) by deleting subsection (a) (which provided that the definition of tall buildings did not include utility towers or transmission equipment) and renumbering the remaining subsections.

Intro. by J. Bell, Stam, McElraft, Whitmire.GS 143
H 440 (2013-2014) NORTH CAROLINA BENEFIT CORPORATION ACT. Filed Mar 26 2013, A BILL TO BE ENTITLED AN ACT TO ENACT THE NORTH CAROLINA BENEFIT CORPORATION ACT.

House amendment #1 makes the following changes to the 2nd edition:

Amends the definition for general public benefit, found in GS 55-18-03,  to no longer require the impact to be as measured by a third-party standard. Deletes the term and definition for third-party standard.

Amends GS 55-18-50(a)(2), providing that the required annual benefit report must include an assessment of the social and environmental performance of the benefit corporation accompanied by an explanation of the reasons for any inconsistent application.

Deletes GS 55-18-50(a)(7), which required that a statement regarding any relationship between the benefit corporation and the entity that developed the third-party standard be included in the required annual benefit report.

House amendment #2 makes the following changes to the 2nd edition:

Amends GS 55-18-21(a), regarding the transition to benefit corporation status by an existing domestic corporation or another corporation or other entity that is party to a merger, conversion, etc., providing that an amendment under these subsections must be approved by the unanimous vote of the outstanding shares or each class and series of stock of the corporation (previously, required to be approved by an affirmative vote of 90%).

House amendment #3 makes the following changes to the 2nd edition:

Amends GS 55-18-43, Right of action; benefit enforcement proceeding, providing that a benefit enforcement proceeding can be commenced or maintained derivatively by an individual shareholder in the benefit corporation (was, a shareholder that owns 5% or more of the shares) and also by a person or group of persons that owns, directly or indirectly, outstanding equity voting interest in an entity of which the benefit corporation is a subsidiary (previously, required the person or group to own 5% or more of the outstanding equity voting interest).

House amendment #4 makes the following changes to the 2nd edition:

Amends GS 55-18-40, Standard of conduct for directors, deleting the requirements that as part of their duties, directors of a benefit corporation must consider what the effects of any action or decision not to act will be in regards to the local community or society, including the interest of each community in which offices or facilities of the benefit corporation, its subsidiaries, or suppliers are located, and that they consider the local and global environment.

House amendment #5 makes the following changes to the 2nd edition:

Amends GS 55-18-30, Corporate purposes, providing that a benefit corporation is required to include as a corporate purpose in its articles of incorporation one or more specific public benefit purposes in addition to its purposes under GS 55-18-30(a) (previously, a benefit corporation was allowed to include those purposes but was not required to).

 

Intro. by McGrady, Daughtry, Harrison, Bryan.GS 55
H 450 (2013-2014) CRIMINAL CONTEMPT/BAIL PROCEDURE (NEW). Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR BAIL PROCEDURE WHEN CONFINEMENT IS IMPOSED AS PUNISHMENT FOR CRIMINAL CONTEMPT.

House committee substitute makes the following changes to the 1st edition.

Changes the short and long titles.

Deletes all of the provisions of the 1st edition and makes the following proposed changes:

Amends GS 5A-17, changing the section title to Appeals; bail proceedings, (was, Appeals). Enacts new subsections (b) and (c), providing that in appealing a case where a judicial official has imposed confinement, a bail hearing will be held within a reasonable time period after the imposition of confinement. The judicial official conducting the bail hearing must be (1) a district court judge, if the confinement is imposed by a clerk or magistrate; (2) a superior court judge if the confinement is imposed by a district court judge; or (3) a superior court judge other than the superior court judge that imposed the confinement.  Provides that any person that is found in contempt and who has given notice of appeal cannot be retained in custody for more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated above. If the designated official has not acted within 24 hours of the imposition of confinement, any judicial official will act under the provisions above and hold a bail hearing.

Effective December 1, 2013, applying to confinement imposed on or after that date.

Intro. by Starnes.GS 5A
H 461 (2013-2014) JUDICIAL DEPARTMENT TRAVEL REIMBURSEMENT. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO REPEAL THE RESTRICTION ON TRAVEL REIMBURSEMENT TO SUPERIOR COURT AND DISTRICT COURT JUDGES, DISTRICT ATTORNEYS, ASSISTANT DISTRICT ATTORNEYS, PUBLIC DEFENDERS, AND ASSISTANT PUBLIC DEFENDERS FOR TRAVEL WITHIN THE COUNTY OF RESIDENCE AND TO MAKE THE REIMBURSEMENT LANGUAGE FOR THOSE OFFICES CONSISTENT.

House committee substitute to the 1st edition makes the following changes. Amends GS 7A-44(a) (concerning salary and reimbursement for superior court judges) to exclude from official business, for the purposes of the subsection, regular, daily commuting between a judge's home and the court, unless the court is located outside of the judge's county of residence. Makes a conforming change to the definition of official business in GS 7A-144 (concerning salary and reimbursement for district judges).

Intro. by Glazier.GS 7A
H 465 (2013-2014) NO POSSESSION OF FIREARMS/UNDOCUMENTED ALIENS. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO PROHIBIT PERSONS WHO ARE NOT LAWFULLY PRESENT IN THIS STATE FROM POSSESSING FIREARMS.

House amendment makes the following changes to the 1st edition:

Amends GS 64-6(a) to clarify that the "person" referenced in that section is a person who is not a citizen or national of the United States.

Intro. by McNeill.GS 14, GS 64
H 498 (2013-2014) AUTISM HEALTH INSURANCE COVERAGE (NEW). Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH BENEFIT PLANS, INCLUDING THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, TO PROVIDE COVERAGE FOR THE TREATMENT OF AUTISM SPECTRUM DISORDERS.

House amendments make the following changes to the 3rd edition.

Amendment #1 deletes GS 58-3-192(k), which concerned granting a waiver for a small employer carrier.

Amendment #2 deletes the provision in GS 58-3-192(g) that required the Commissioner of Insurance to annually adjust the maximum benefit for inflation, as well as the provision prohibiting payments made by an insurer on behalf of a covered individual for care and items other than behavioral health treatment from being applied toward any maximum benefit.

 

Intro. by McGrady, Murry, Cotham, Shepard. GS 58, GS 90, GS 135
H 498 (2013-2014) AUTISM HEALTH INSURANCE COVERAGE (NEW). Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE HEALTH BENEFIT PLANS, INCLUDING THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, TO PROVIDE COVERAGE FOR THE TREATMENT OF AUTISM SPECTRUM DISORDERS.

House committee substitute makes the following changes to the 2nd edition.

Amends proposed GS 58-3-192 to remove a licensed clinical social worker from the persons recognized to diagnose autism spectrum disorder and whose diagnosis may serve as a basis for ordering medicalcare or equipment for treatment. Limits required coverage undera health benefit plan for the screening, diagnosis, and treatment of an autism spectrum disorderto individuals 23 years of age or younger. Requires that persons must be diagnosed as having an autism spectrum disorder prior to the age of eight to qualify for required health benefit plan coverage under this section. Provides that coverage for behavioral health treatment under this section may be subject to a maximum benefit of up to $36,000 per year (was, $75,000).

Adds two new subsections, (k) and (l), to GS 58-3-192. Subsection (k) directs the Commissioner of Insurance (Commissioner) to grant a waiver to a small employer carrier as defined in GS 58-50-110(23) from the provisions of this section if the small employer carrier demonstrates via actual claims experience that compliance with this section has increased the cost of the health benefit plan by 2.5% or greater in the premium rate charged to a small employer over the most recent calendar year. Subsection (l) requires the Commissioner to grant a waiver to a health benefit plan issuer that can show that the cost of thehealth benefit plan has increased by1% or greater in the premium rate charged under the plan over the most recent calendar year. Effective October 1, 2013.

Requires the Department of theState Treasurer to submit a report to the General Assembly no later than March 1, 2015, and every March 1st subsequently, on the implementation of coverage underthe State Health Plan for Teachers and State Employees as required under this section. Requires the report to contain: (1) total number of insured persons diagnosed with autism spectrum disorder;(2) total costs of all claims paid out in the previous fiscal year for the coverage required by this section;(3) cost of coverage required under this section per insured, per month;and (4) average cost per insured for coverage of any treatment involving applied behavior analysis. Effective January 1, 2014.

Intro. by McGrady, Murry, Cotham, Shepard. GS 58, GS 90, GS 135
H 522 (2013-2014) FOREIGN LAWS/PROTECT CONSTITUTIONAL RIGHTS (NEW). Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES AND NORTH CAROLINA CONSTITUTION IN THE APPLICATION OF FOREIGN LAW.

House committee substitute makes the following changes to the 1st edition.

Deletes the provisions of the previous edition.

Amends GS 143-151.42(b), providing that the provisions of this section that require service and meters for each individual dwelling unit must be in the name of the tenant or other occupant of the apartment or unit do not apply in either of the two circumstances that follow:

(1) The Utilities Commission has approved an application under GS 62-110(h) or

(2) The tenant and landlord have agreed in the lease that the cost of the electric service or natural gas service or both will be included in the rental payments and the service will be in the name of the landlord.

Effective when the act becomes law and applies to leases entered into prior to, on, or after the effective date.

Intro. by Avila.GS 143
H 536 (2013-2014) IGNITION INTERLOCK REQ'D/ALL DWIS. Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE PERSONS CONVICTED OF DRIVING AFTER CONSUMING ALCOHOL BEING LESS THAN TWENTY-ONE YEARS OF AGE, AND CERTAIN PERSONS WHO REFUSE A CHEMICAL ANALYSIS OR ARE CONVICTED OF DRIVING WHILE IMPAIRED OR ANY OTHER IMPAIRED DRIVING OFFENSE, TO HAVE AN IGNITION INTERLOCK SYSTEM INSTALLED ON EVERY VEHICLE THAT PERSON MAY DRIVE BEFORE THAT PERSON CAN GET A LIMITED DRIVING PRIVILEGE; TO REMOVE THE WAITING PERIOD BEFORE A PERSON MAY APPLY FOR A LIMITED DRIVING PRIVILEGE; AND TO PROVIDE FOR THE PAYMENT OF AN ADMINISTRATIVE FEE AND COSTS ASSOCIATED WITH AN IGNITION INTERLOCK SYSTEM AND CREATE AN IGNITION INTERLOCK DEVICE FUND TO ASSIST INDIGENT PERSONS.

House committee substitute makes the following changes to the 1st edition.

Changes the long title.

Amends GS 20-16.2(c1), providing that when a person who has an alcohol concentration of 0.13 or more (was, 0.08) refuses to submit to a chemical analysis, the law enforcement officer and the chemical analyst must, without unnecessary delay, go before an official authorized to administer oaths and execute an affidavit as to the facts of the arrest and the results of any tests given.

Amends GS 20-17.8 to require ignition interlock systems for all persons convicted of driving with an alcohol concentration of 0.13 or more (was, 0.08 or more).

Amends GS 20-179.3(g5) to provide that an ignition interlock and other restrictions apply to a limited driving privilege when the person had an alcohol concentration of 0.13 or more (was, 0.08 or more).

Amends GS 20-16.2(e1) and GS 20-16.5(p), deleting a requirement for a limited driving privilege in specified circumstances, which required the person applying for limited driving privileges to do so within a specified time period before the effective date of the revocation order.

Deletes proposed changes to GS 20-16.5(g).

Amends GS 20-138.3(d), making a conforming change.

Intro. by Faircloth, Jordan, Jackson. GS 20
H 614 (2013-2014) NC AGRICULTURE AND FORESTRY ACT. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT AGRICULTURAL AND FORESTRY OPERATIONS ARE NOT NUISANCES UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR THE AWARD OF COSTS AND ATTORNEYS' FEES.

House committee substitute makes the following changes to the 2nd edition:

Changes the bill title to conform to changes in the bill by deleting reference to provision relating to the award of costs and attorneys' fees to the prevailing defendant.

Amends GS 106-701(a)(1) to clarify that the change in condition in or about a locality means a locality that is outside the agricultural or forestry operation.

Deletes GS 106-701(f) (which provided for recovery of costs and attorneys' fees for prevailing defendants).

Changes the effective date of the act from July 1, 2013, to October 1, 2013.

 

Intro. by Ramsey, Presnell, Waddell.GS 106
H 639 (2013-2014) WC INS. CANCELLATION/ELEC. COMMUNICATONS (NEW). Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE INSURANCE LAWS CONCERNING THE CANCELLATION OF WORKERS' COMPENSATION INSURANCE AND TO ALLOW ELECTRONIC COMMUNICATIONS BETWEEN AN INSURER AND THE INSURED IN PLACE OF WRITTEN COMMUNICATIONS.

House committee substitute makes the following changes to the 1st edition.

Changes the short and long titles.

Amends GS 58-36-105(b), specifically the provisions regarding the methods for service of process for written notices of cancellations, providing that notice can be given by registered or certified mail (previously, notice by registered or certified mail was required). Establishes that notice of cancellation can also be given by any method permitted for service of process pursuant to Rule 4 of the NC Rules of Civil Procedure.

Enacts new GS 58-2-255, Electronic insurance communications and records, providing the terms and definitions to be used in this section, including communications, delivered by electronic means, insurer, and party. Establishes that when any insurance law or regulation of NC, exempting specified laws and regulations, requires a communication to be provided to a party in writing, signed by a party, provided by means of a specific delivery method, or retained by an insurer, those requirements will be deemed satisfied if the insurer complies with GS Chapter 66, Article 40. This applies to any communication required or permitted under the insurance laws and regulations of North Carolina or otherwise provided by an insurer in conducting insurance business in North Carolina. Further provides that, notwithstanding other requirements:

(1) All communications required under the insurance laws and regulations of North Carolina to be delivered by a specific delivery method may be delivered by electronic means;

(2) All records that an insurer is required to maintain under the insurance laws and regulations of North Carolina, including any for which the original must be retained, can be retained in electronic form; and

(3) Any communication, which under the insurance laws and regulations of North Carolina must be signed, can be signed electronically.

Provides that delivery in accordance with the above provisions will be considered equivalent to any delivery method required under insurance laws and regulations of North Carolina. Verification of communications delivered by an electronic means will constitute proof of mailing in any civil or administrative proceedings as well as under any insurance laws or regulations in North Carolina.

Establishes that a recording of an oral communication between an insurer and a party that can be reliably stored and reproduced by an insurer will constitute an electronic communication or record. If a written communication is required, compliance with the above recorded oral communication will suffice for this requirement. Similarly, when a communication is required to be signed, an oral statement in accordance with the above will satisfy this requirement.

 

Intro. by R. Brawley.GS 58
H 663 (2013-2014) DEFINE PRACTICE OF LAW. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO FURTHER DEFINE THE TERM "PRACTICE LAW" FOR PURPOSES OF REGULATING THE UNAUTHORIZED PRACTICE OF LAW.

House committee substitute to the 2nd edition makes the following changes. Changes the effective date of the act from July 1, 2013, to October 1, 2013.

Intro. by Ramsey. GS 99B
H 683 (2013-2014) COMMONSENSE CONSUMPTION ACT. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO BAR CIVIL ACTIONS AGAINST PACKERS, DISTRIBUTORS, MANUFACTURERS, CARRIERS, HOLDERS, SELLERS, MARKETERS, OR ADVERTISERS OF FOOD PRODUCTS THAT COMPLY WITH APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS BASED ON CLAIMS ARISING OUT OF WEIGHT GAIN, OBESITY, A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY, OR OTHER GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION OF FOOD; AND TO CLARIFY THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE SIZE OF SOFT DRINKS OFFERED FOR SALE.

House committee substitute to the 1st edition makes the following changes. Amends proposed GS 99E-44 to remove the statement that nothing in the act is to be construed to apply to a manufacturer of food. Amends the act's long title.

Intro. by B. Brown, Moffitt, Ramsey.GS 99E, GS 153A, GS 160A
H 683 (2013-2014) COMMONSENSE CONSUMPTION ACT. Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO BAR CIVIL ACTIONS AGAINST PACKERS, DISTRIBUTORS, MANUFACTURERS, CARRIERS, HOLDERS, SELLERS, MARKETERS, OR ADVERTISERS OF FOOD PRODUCTS THAT COMPLY WITH APPLICABLE STATUTORY AND REGULATORY REQUIREMENTS BASED ON CLAIMS ARISING OUT OF WEIGHT GAIN, OBESITY, A HEALTH CONDITION ASSOCIATED WITH WEIGHT GAIN OR OBESITY, OR OTHER GENERALLY KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION OF FOOD; AND TO CLARIFY THAT LOCAL GOVERNMENTS MAY NOT REGULATE THE SIZE OF SOFT DRINKS OFFERED FOR SALE.

House amendment makes the following changes to the 2nd edition.

Amends the definition for knowing and willful conduct, found in GS 99E-41, to include conduct committed with reason to know there is a reasonable probability of injury to consumers.

Amends GS 99E-43, changing an exception to the limit on liability, declaring that the liability limitation in GS 99E-42 does not preclude liability in a civil action in which the claim originated from conditions likely to result from the long-term consumption of food and is based on knowing and willful conduct applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food and the claimed injury was proximately caused by such violation (previously, it was if the claim was based on knowing and willful material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, providing that the proximate cause of the claimed injury is the violation).

Intro. by B. Brown, Moffitt, Ramsey.GS 99E, GS 153A, GS 160A
H 695 (2013-2014) FAMILY, FAITH, AND FREEDOM PROTECTION ACT (NEW). Filed Apr 9 2013, A BILL TO BE ENTITLED AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES AND NORTH CAROLINA CONSTITUTIONS IN THE APPLICATION OF FOREIGN LAW, TO MODIFY CERTAIN LAWS PERTAINING TO ABORTION, TO LIMIT ABORTION COVERAGE UNDER HEALTH INSURANCE PLANS OFFERED UNDER A HEALTH BENEFIT EXCHANGE OPERATING IN NORTH CAROLINA OR OFFERED BY A COUNTY OR MUNICIPALITY, TO PROHIBIT A PERSON FROM PERFORMING OR ATTEMPTING TO PERFORM AN ABORTION WHEN THE SEX OF THE UNBORN CHILD IS A SIGNIFICANT FACTOR IN SEEKING THE ABORTION, TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO AMEND RULES PERTAINING TO CLINICS CERTIFIED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO BE SUITABLE FACILITIES FOR THE PERFORMANCE OF ABORTIONS, AND TO AMEND THE WOMEN'S RIGHT TO KNOW ACT.

House committee substitute makes the following changes to the 1st edition.

Deletes the term legal right from the definitions section. Amends the definition for constitutional right, changing it to fundamental constitutional right.

Makes conforming changes, amending section titles and language, replacing any occurrence of "legal right" or "constitutional right" with "fundamental constitutional right."

Amends GS 1-87.4, Nonapplication of foreign law that would violate fundamental constitutional rights, providing that a court, or any other enity or person acting under the authority of state law will not apply a foreign law in any legal proceeding involving, or recognize a foreign judgment involving, a claim for absolute divorce, divorce from bed and board, child custody, child support, alimony, or equitable distribution if doing so would violate a party's fundamental constitutional right.

Enacts new GS 1-87.10, providing that the provisions of this act will apply only to proceedings or matters under GS Chapters 50 and 50A.

Intro. by Whitmire, Cleveland, Schaffer, Pittman. GS 1
H 711 (2013-2014) DEFINE PARENTAL RIGHTS STANDARD/STATUTORY LAW. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT REQUIRING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATING TO PARENTAL RIGHTS.

House committee substitute rewrites the 1st edition in its entirety as follows:

Changes the long title of the bill to reflect changes in the bill.

Deletes amendment to GS 115C-6 and instead directs the Legislative Research Commission to study issues relating to parental rights, which may include federal law and laws in other states, legislation to protect and preserve parental rights, compelling governmental interests that justify interference with parental rights, and whether parental rights extend to other than biological parents.  The LRC is authorized to make an interim report to the 2014 session and is required to make a final report to the 2015 session.

Intro. by Ford, Pittman. STUDY
H 714 (2013-2014) DISPOSITION OF ABANDONED FIREARMS (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLEDAN ACT TO PROVIDE FOR THE DISPOSITION OF FIREARMS BY LAW ENFORCEMENT AGENCIES.

House amendment makes the following change to the 2nd edition:

Amends GS 15-11.2(d)(2) to clarify that law enforcement may dispose of a firearm under this subdivision in one of two ways: (1) by sale to a federally licensed firearm dealer or (2) at public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers.

Intro. by Schaffer, Faircloth.GS 15
H 730 (2013-2014) INSURANCE & HEALTH CARE CONSCIENCE PROTECTION (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY CERTAIN LAWS PERTAINING TO ABORTION HEALTH INSURANCE COVERAGE AND TO LIMIT ABORTION COVERAGE UNDER HEALTH INSURANCE PLANS OFFERED UNDER A HEALTH BENEFIT EXCHANGE OPERATING IN NORTH CAROLINA OR OFFERED BY A COUNTY OR MUNICIPALITY.

House committee substitute to the 1st edition makes the following changes. Adds Part II to the act, providing as follows.

Enacts new GS 58-51-63 prohibiting qualified health plans offered through an exchange created under Subchapter III of Chapter 157 of title 42 of the US Code and operating in the state from including coverage for abortion services. This limitation does not apply to an abortion performed when the life of the mother is endangered by a physical disorder, physical illness, or injury, including a life-endangering condition caused by or arising from the pregnancy or when the pregnancy is the result of an act of rape or incest.

Amends GS 153A-92(d) and GS 160A-162(b) to prohibit counties and cities from providing abortion coverage when providing health insurance to county officers and county and city employees that is greater than that provided by the State Health Plan for Teachers and State Employees.

Effective October 1, 2013, and applies to insurance contracts or policies issued, renewed, or amended on or after that date.

Amends the effective date provision to provide that changes to GS 58-3-178(e) are effective when the act becomes law and applies to insurance contracts or policies issued, renewed, or amended on or after that date.

Amends the act's short and long titles.

Intro. by Schaffer, Conrad, R. Brown, Martin. GS 14, GS 58, GS 153A, GS 160A
H 730 (2013-2014) INSURANCE & HEALTH CARE CONSCIENCE PROTECTION (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY CERTAIN LAWS PERTAINING TO ABORTION HEALTH INSURANCE COVERAGE AND TO LIMIT ABORTION COVERAGE UNDER HEALTH INSURANCE PLANS OFFERED UNDER A HEALTH BENEFIT EXCHANGE OPERATING IN NORTH CAROLINA OR OFFERED BY A COUNTY OR MUNICIPALITY.

House Amendment # 1 makes the following change to the 2nd edition:

Changes the bill title to conform to changes in the bill by removing the words "and contraceptive."

Deletes Section 1(c) of the bill which amended GS 58-3-178(e) concerning the definition of the term religious employee, and makes technical conforming change to the effective date.

House Amendment # 2 makes the following change to the 2nd edition as amended:

Makes clarifying addition to effective date to provide that the remainder of the act is effective when it becomes law.

Intro. by Schaffer, Conrad, R. Brown, Martin. GS 14, GS 58, GS 153A, GS 160A
H 755 (2013-2014) LEGAL NOTICES/REQUIRE INTERNET PUBLICATION Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO REQUIRE INTERNET WEB STIE PUBLICATION OF LEGAL NOTICES.

House amendment makes the following changes to the 2nd edition.

Changes the short and long titles.

Deletes the provisions of the previous edition in their entirety and makes the following proposed changes.

Amends GS 1-596 (Charges for legal advertising), providing that when a government notice is required to be published more than once and is paid for by the government entity, but not paid in advance by or recouped from private parties, then the governmental entity cannot be charged for the second and successive insertions of that notice at a rate greater than 85% of the original rate.

Amends GS 1-597 (Regulations for newspaper publication of legal notices, advertisements, etc.), establishing rules and requirements for electronic and internet publication of legal notices or other documents or papers that are required by NC law to be published in a newspaper including but not limited to, that each notice must be placed on the newspaper's website, at no additional charge, on the same day that the notice appears in the newspaper, and that if a legal notice is published in the newspaper but cannot be published on the newspaper's website, the publishing newspaper will place the notice on the statewide internet website, established and maintained by the NC Press Association as a repository for such notices. Includes provisions for email notifications and concerning errors in notices posted online.

Makes technical changes.

Provides that the validation of any publication, advertisement, or notice under a previous enactment of GS 1-597 remains in effect and is not affected by changes to the statute by this act.

Effective October 1, 2013, and applies to notices that must be published on or after that date, except that it does not apply to notices permitted to be published on a government website in lieu of newspaper publication pursuant to an ordinance enacted before that date.

 

Intro. by McGrady, West.GS 1
H 793 (2013-2014) HOAS/FIDELITY BONDS. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT CERTAIN CONDOMINIUM AND PLANNED COMMUNITY ASSOCIATIONS SHALL OBTAIN AND MAINTAIN A FIDELITY BOND INSURING THE ASSOCIATIONS FROM LOSSES RESULTING FROM THEFT OR DISHONESTY COMMITTED BY MEMBERS OF THE EXECUTIVE BOARD OR PERSONS EMPLOYED BY THE ASSOCIATIONS, PROVIDING THAT ANY MANAGEMENT AGENT OR COMPANY HIRED BY AN ASSOCIATION SHALL AT ALL TIMES BE COVERED BY A FIDELITY BOND, AND PROVIDING FINANCIAL AUDIT REQUIREMENTS FOR ASSOCIATIONS.

House committee substitute makes the following changes to the 2nd edition:

Amends GS 47C-3-113.1(a) to change the upper limit of the executive board's bond to $1 million (was $5 million); amends subsection (b) to change the amount of the management agent's bond to an amount at least equal to the annual budgets of all of the agent's clients with an upper limit of $2 million (was, an amount at least equal to the annual operating budget of the association up to $5 million).

Makes identical changes to GS 47F-3-113.1(a) and (b).

Intro. by Saine, R. Moore. GS 47C, GS 47F
H 805 (2013-2014) BAN SMOKING IN FOSTER CARE SETTING/INFANTS. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING THE SOCIAL SERVICES COMMISSION TO ADOPT A POLICY PROHIBITING A FOSTER PARENT FROM SMOKING IN THE PRESENCE OF AN INFANT IN THE FOSTER PARENT'S CARE.

House committee substitute makes the following change to the 1st edition. Clarifies the changes to GS 131D-10.9A to provide that the policies the Division of Social Services is required to enforce will not prohibit a foster parent from smoking in a private residence used to provide licensed foster care to children of all ages, but only in residences used to provide foster care to infants (child under age one).

Intro. by Cotham, Jackson.GS 131D
H 840 (2013-2014) TASK FORCE ON DEAF EDUCATION (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE TASK FORCE ON THE EDUCATIONAL SERVICES FOR CHILDREN WHO ARE DEAF OR HEARING IMPAIRED.

House committee substitute rewrites the 1st edition in its entirety:

Changes the short and long titles of the bill to reflect the changes in the bill.

Deletes all provisions of the 1st edition and instead establishes the Educational Services for Children who are Deaf or Hearing Impaired Task Force.  Membership consists of 20 members with 10 appointed by the Speaker of the House and ten appointed by the President Pro Tempore of the Senate; members represent various stakeholders and agency representatives or are legislators.  Task Force is charged with serving as a resource on the education of children who are deaf or hearing impaired and making recommendations on educational services and must make reports to the General Assembly by March 1, 2014, and January 15, 2015.  Task Force terminates when it submits its final report.

Intro. by Martin, Farmer-Butterfield, Blackwell, Horn. STUDY
H 843 (2013-2014) STUDENTS & ADMINISTRATION EQUALITY ACT. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO PROVIDE THAT ANY STUDENT OR STUDENT ORGANIZATION THAT IS CHARGED WITH A VIOLATION OF CONDUCT AT A CONSTITUENT INSTITUTION HAS A RIGHT TO BE REPRESENTED BY AN ATTORNEY OR NON-ATTORNEY ADVOCATE IN CERTAIN CASES.

House committee substitute makes the following changes to the 1st edition.

Amends new GS 116-40.11 to clarify the right to counsel in disciplinary proceedings for students and organizations at a constituent institution of the University of North Carolina. Makes an organizational change to address the right to counsel for students and for organizations each in its own separate subsection.

Provides that a student, enrolled at a constituent institution, who is accused of violating the disciplinary or conduct rules of the institution, has the right to be represented by a licensed attorney ora non-attorney advocate who may fully participate in any disciplinary procedure regarding the alleged violation. However, also provides that a student has no right to be represented by a licensed attorney under the following circumstances:(1) the constituent institution has implemented a Student Honor Court, fully staffed by students to address such violationsor (2) the allegation is for "academic dishonesty" as defined by the constituent institution.

Provides that any student organization, officially recognized by a constituent institution, that isaccused of violating the disciplinary or conduct rules of the constituent institutionhas a right to representation by a licensed attorney or non-attorney advocate who may fully participate in any disciplinary procedure regarding the alleged violation. However, there is no right to representation if the constituent institution has implemented a Student Honor Court, fully staffed by students, to handle this type of violation.

Amends the title of the act. Applies to all violations beginning on or after July 1, 2013.

Intro. by J. Bell, Glazier, Baskerville, Jordan. GS 116
H 846 (2013-2014) JOB AND EDUCATION PRIVACY ACT. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO ENACT THE JOB AND EDUCATION PRIVACY ACT TO PREVENT EMPLOYERS AND COLLEGES FROM REQUIRING INDIVIDUALS TO DISCLOSE ACCESS INFORMATION FOR SOCIAL MEDIA AND PERSONAL ELECTRONIC MAIL ACCOUNTS.

House amendment to the 2nd edition makes the following changes. Amends GS 99F-8 to provide that GS Chapter 99F does not apply to an academic institution conducting an investigation or inquiry pursuant to established complaint review procedures as well as pursuant to an academic institution's threat assessment policy or protocol, and having a reasonable, articulable suspicion of criminal activity. Makes organizational and clarifying changes.

Intro. by D. Hall, Saine.GS 99F
H 846 (2013-2014) JOB AND EDUCATION PRIVACY ACT. Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO ENACT THE JOB AND EDUCATION PRIVACY ACT TO PREVENT EMPLOYERS AND COLLEGES FROM REQUIRING INDIVIDUALS TO DISCLOSE ACCESS INFORMATION FOR SOCIAL MEDIA AND PERSONAL ELECTRONIC MAIL ACCOUNTS.

House committee substitute makes the following changes to the 1st edition.

Amends GS 99F-3, GS 99F-4, and GS 99F-5, making technical changes and corrections.

Amends GS 99F-8, expanding the exceptions to GS Chapter 99F, providing that the Chapter does not prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations.

 

Intro. by D. Hall, Saine.GS 99F
H 848 (2013-2014) STUDY--CHILDREN'S HEALTH AND TOXIC CHEMICALS (NEW). Filed Apr 10 2013, A BILL TO BE ENTITLED AN ACT TO STUDY (1) WAYS TO PROTECT CHILDREN FROM THE HEALTH IMPACTS OF TOXIC CHEMICALS FOUND IN CHILDREN'S PRODUCTS AND (2) A PROCESS FOR THE DIVISION OF PUBLIC HEALTH IN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO IDENTIFY AND DESIGNATE CHEMICALS OF HIGH CONCERN AND PRIORITY CHEMICALS.

House committee substitute makes the following changes to the 1st edition.

Changes the short and long titles.

Deletes the provisions of the previous edition in their entirety and makes the following proposed changes.

Creates the Joint Legislative Study Committee on Children's Health and Toxic Chemicals (Committee). Provides that the Committee will include ten members, five to be appointed by each legislative chamber.

Directs the committee to study ways to protect children from the health impacts of toxic chemicals found in children's products. Specifies that the following topics must be included:

(1) Strategies for state agencies to designate chemicals of high concern and to identify priority chemicals from within the list of chemicals of high concern.

(2) Methods for manufacturers of children's products to provide notice when a product contains a priority chemical.

(3) Development of alternatives assessments to identify alternatives that reduce or eliminate the use of and potential for children's exposure to chemicals of high concern.

Directs the committee to submit an interim report to the 2014 General Assembly and a final report, including legislative recommendations, to the 2015 General Assembly.

Intro. by McGrady, Fulghum, Harrison, Glazier. STUDY
H 855 (2013-2014) HUMAN TRAFFICKING. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT TO AMEND THE DEFINITION OF ABUSED JUVENILE TO INCLUDE A MINOR WHO IS A VICTIM OF HUMAN TRAFFICKING, TO PROVIDE THAT MISTAKE OF AGE AND CONSENT OF A MINOR ARE NOT DEFENSES TO PROSECUTION OF AN OFFENSE OF HUMAN TRAFFICKING, TO REQUIRE MANDATORY RESTITUTION FOR VICTIMS OF HUMAN TRAFFICKING, TO PROVIDE THAT A MINOR SHALL NOT BE PROSECUTED FOR THE OFFENSE OF PROSTITUTION, TO PROVIDE FOR THE EXPUNCTION OF CERTAIN PERSONS CONVICTED OF PROSTITUTION, TO PROVIDE THAT A PERSON WITH ONE CONVICTION FOR PROSTITUTION THAT IS THE RESULT OF BEING A HUMAN TRAFFICKING VICTIM IS ELIGIBLE FOR VICTIM'S COMPENSATION, TO MAKE EDUCATORS AWARE OF HUMAN TRAFFICKING ISSUES AND TO PROVIDE RESOURCES AND MATERIALS ON HUMAN TRAFFICKING TO EDUCATORS AND FOR DISTRIBUTION TO SCHOOL PERSONNEL, STUDENTS, AND PARENTS, AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH A CENTRAL HOTLINE FOR REPORTING SUSPECTED CASES OF HUMAN TRAFFICKING.

House committee substitute makes the following changes to the 1st edition.

Amends new GS 14-208.1 to clarify that a minor engaged in prostitution is to be taken into temporary protective custody as an undisciplined juvenile under Article 19 of GS Chapter 7B (was, subject to temporary custody under GS 7B-1900, 7B-1901, and 7B-1905).

Provides that Sections 1 through 6 of this act apply to offenses committed on or after the effective date of this act, December 1, 2013.

Makes a technical correction inserting an omitted word in subsection (g) of new GS 15A-145.6. Makes conforming changes to GS 15A-151(a). Makes a clarifying change to GS 15B-2(2).

Intro. by Schaffer, Presnell.GS 115C, GS 7B, GS 14, GS 15A, GS 15B, GS 143B
H 857 (2013-2014) PUBLIC CONTRACTS/CONSTRUCTION METHODS/DB/P3. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT AUTHORIZING PUBLIC CONTRACTS TO UTILIZE THE DESIGN BUILD METHOD OR PUBLIC PRIVATE PARTNERSHIP CONSTRUCTION CONTRACTS.

House committee substitute makes the following changes to the 2nd edition:

Revises GS 143-128.1A(c)(3) to clarify that it is the "anticipated" project budget for which information must be provided, and makes grammatical and clarifying changes to subdivision (c)(5); identical changes made to GS 143-128.1B(d)(3) and (d)(5).

Revises GS 143-128.1C(i) to require a public body to conduct a public hearing on a proposed development contract prior to that body's consideration of the contract; notice of the public hearing must be published in the same notice as advertisement of the terms of the contract as required under subsection (i).

Revises GS 143-128.1C(k)(2) to clarify that the approval requirements of that subdivision apply only to capital leases.

 

Intro. by Arp, Bryan, Moffitt, Hager.GS 143
H 936 (2013-2014) WILDLIFE POACHER REWARD FUND. Filed Apr 11 2013, A BILL TO BE ENTITLED AN ACT TO ESTABLISH A WILDLIFE POACHER REWARD FUND TO PAY REWARDS TO PERSONS WHO GIVE INFORMATION TO LAW ENFORCEMENT AUTHORITIES THAT RESULTS IN THE ARREST AND CONVICTION OF PERSONS WHO COMMIT SERIOUS WILDLIFE VIOLATIONS, TO AUTHORIZE THE USE OF COMPENSATION PAID TO THE WILDLIFE RESOURCES COMMISSION AS CONDITIONS OF OFFENDERS' PROBATION AS ASSETS OF THE FUND, TO AMEND THE BOATING SAFETY ACT BY INCREASING THE FINES AND OTHERWISE AMENDING THE PENALTY AND OTHER PROVISIONS OF THAT ACT, AND TO AMEND THE PENALTY PROVISIONS FOR SPECIFIC VIOLATIONS OF THE WILDLIFE LAWS.

House committee substitute to the 2nd edition makes the following changes. Amends the effective date to provide that the act applies to offenses committed on or after (was, applies to person placed on probation on or after) December 1, 2013.

Intro. by Wray, Faircloth, Moffitt, J. Bell. GS 15A, GS 113
H 982 (2013-2014) MODIFY MEDICAID SUBROGATION STATUTE. Filed Apr 17 2013, A BILL TO BE ENTITLED AN ACT TO MODIFY THE MEDICAID SUBROGATION STATUTE IN RESPONSE TO THE UNITED STATES SUPREME COURT DECISION IN WOS V. E.M.A.

House committee substitute makes the following changes to the 1st edition.

Amends GS 108A-57to makeorganizational changes, re-labeling the subsections of this section. Provides that a medical assistance beneficiary may dispute the presumption that the gross recovery includes compensation for the full amount ofmedical beneficiary'sMedicaid claim by applying to the courtin which the beneficiary's claimagainst the third party is pending, or if there is none, then to a court of competent jurisdiction(was, to the superior court with jurisdiction over the action).Clarifies that an action filed undersubsection (a2), (was, subsection (c)) is to be served on theDepartment of Health and Human Services (DHHS) no later than30 days after the settlement agreement is executed by all parties, or if the judgment has been entered, no later than 30 days after the date the judgment is entered. Adds that the court must hold an evidentiary hearing no sooner than 30 days after the date the action was filed. Amends the factors that are to apply to the court's determination under subsection (a2) concerning the presumptions.

Requires the medical (2013-2014),assistance beneficiary or the beneficiary's attorney to notify DHHS within 30 days of receiving the proceeds of a settlement or judgment related to a claim under subsection (a) of this section. Amends the standards for calculating the amount of the proceeds to be paid to DHHS out of the proceedsobtained by or on behalf of the beneficiary by settlement with or judgment against, or otherwise from a third party. Provides that DHHS may apply to the court in which the medical assistance beneficiary's claim against a third party is pending or to a court of competent jurisdiction to ensure compliance with this section.

This act remains effective when it becomes law but provides that it applies to claims against a third party by a medical assistance beneficiary in which either there is a settlement agreement executed by all parties or a judgment is entered against the third party on or after the effective date. Gives the medical assistance beneficiary 90 days from the effective date of this act to apply to the court under GS 108A-57(c) regarding claims in which the Medicaid claim has not been satisfied and prior to the effective date of this act, a settlement agreement has been executed by all parties, or judgment has been entered against the third party.

Intro. by Burr, Avila.GS 108A

The Daily Bulletin: 2013-05-15

PUBLIC/SENATE BILLS
S 112 (2013-2014) CREATE JOBS THROUGH REGULATORY REFORM (NEW). Filed Feb 20 2013, AN ACT TO IMPROVE AND STREAMLINE THE REGULATORY PROCESS IN ORDER TO STIMULATE JOB CREATION, TO ELIMINATE UNNECESSARY REGULATION, AND TO MAKE VARIOUS OTHER STATUTORY CHANGES.

Senate amendment makes the following change to the 2nd edition:

Revises GS 130A-309.09A(h) to clarify that the limitation on local government authority to regulate the height of recycled materials stockpiles does not apply when stockpile facilities are located on lots within 200 yards of residential districts.

Intro. by Jackson. GS 113A
S 151 (2013-2014) COASTAL POLICY REFORM ACT OF 2013. Filed Feb 28 2013, AN ACT TO AMEND MARINE FISHERIES LAWS; AMEND THE LAWS GOVERNING THE CONSTRUCTION OF TERMINAL GROINS; AND CLARIFY THAT CITIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS.

Senate committee amendment to the 2nd edition makes the following changes. Removes the repeal of Section 4 of SL 2011-387 (prohibits the use of state funds for terminal groin and accompanying beach fill projects).

Intro. by Rabon.GS 113, GS 113A, GS 160A
S 151 (2013-2014) COASTAL POLICY REFORM ACT OF 2013. Filed Feb 28 2013, AN ACT TO AMEND MARINE FISHERIES LAWS; AMEND THE LAWS GOVERNING THE CONSTRUCTION OF TERMINAL GROINS; AND CLARIFY THAT CITIES MAY ENFORCE ORDINANCES WITHIN THE STATE'S PUBLIC TRUST AREAS.

Senate amendment makes the following changes to the 2nd edition:

Revises GS 160A-203(a) to clarify that the ocean beaches covered by this section are those set forth in subsection (b) of this statute.

Amends GS 160A-203(b) to limit the authority of a city under this statute to only the activities and items delineated in subdivisions (b)(1) through (b)(3).

 

Intro. by Rabon.GS 113, GS 113A, GS 160A
S 182 (2013-2014) LIMIT APPEALS TO SUPERIOR COURT. Filed Mar 5 2013, A BILL TO BE ENTITLED AN ACT TO ELIMINATE APPEALS FOR INFRACTIONS, TO MODIFY APPEALS TO THE SUPERIOR COURT IN PROBATION REVOCATIONS IN WHICH THE DEFENDANT HAS WAIVED A HEARING, TO AMEND THE LAW PERTAINING TO RESENTENCING UPON THE REVERSAL OF A SENTENCE ON APPELLATE REVIEW, TO MAKE CHANGES REGARDING THE PROCEDURES FOR A MOTION FOR APPROPRITE RELIEF, AND TO RECLASSIFY CERTAIN MISDEMEANORS AS INFRACTIONS.

Senate amendment makes the following changes to the 2nd edition:

Changes the bill title to conform to changes in the bill.

Amends Section 3 of the bill by deleting the repeal of GS 15A-1335 (providing for resentencing after appellate review) and instead amending this statute to make it not applicable when a defendant succeeds in having a guilty plea vacated on direct review or collateral attack; amends the effective date to conform to this change.

Intro. by Brunstetter. GS 7A, GS 15A
S 376 (2013-2014) MONTGOMERY CO. EMPLOYEES IN STATE HEALTH PLAN. Filed Mar 20 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW MONTGOMERY COUNTY EMPLOYEES AND THE DEPENDENTS OF EMPLOYEES TO PARTICIPATE IN THE STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES.

Senate committee substitute makes the following changes to the 1st edition.

Changes long title.

Deletes the provisions of the previous edition in its entirety and makes the following proposed changes.

Directs the Wildlife Resources Commisison to adopt rules allowing a landowner or lessee to trap coyotes on that person's owned or leased property outside of trapping seasons.

Enacts new GS 113-274(c)(1d) requiring the Wildlife Resources Commission to issue out-of-season coyote trapping permits as provided above. Imposes some restrictions on the disposition of trapped coyotes and specifies certain information that must be included on the permit.

Amends GS 150B-21.1 to authorize the Wildlife Resources Commission to adopt temporary rules to establish trapping seasons.

Amends GS 113-294(j), which establishes the penalty for unlawfully selling, possessing for sale, buying, or taking a fox. Such violations are punishable as Class 2 misdemeanors. New language provides that violations are punishable by a fine of not less than $500 in addition to any other punishment prescribed by law. Clarifies that each act specified constitutes a separate offense.

Adds new GS 113-294(t) to establish the same penalties as above for unlawfully removing any coyote from a trap while the coyote is alive or transporting the live coyote after its removal.

Effective October 1, 2013.

Intro. by Bingham. UNCODIFIED, GS 113, GS 150B
S 468 (2013-2014) ALIGN INSPECTIONS W/INSTALLER LICENSING. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO SPECIFY THAT WHEN APPLIANCE INSTALLERS ARE LICENSED TO PERFORM ALL ASPECTS OF AN INSTALLATION, JUST ONE PERMIT AND INSPECTION WILL BE REQUIRED.

Senate committee substitute to the 1st edition makes the following changes.

Amends GS 153A-360 (applicable to counties) and GS 160A-420 (applicable to cities) to provide that when a person licensed under GS 87-21 (plumbing) or GS 87-43 (electrical contracting) installs or replaces any natural gas, propane gas, or electrical appliance on an existing structure, cities and counties may not require more than one permit. Provides that the cost of the permit must not exceed the cost of any one individual trade permit issued by that city or county. Previous version did not include electrical contracting or the installation or replacement of electrical appliances.

Intro. by Jenkins.GS 153A, GS 160A
S 475 (2013-2014) PEO ACT AMENDMENTS. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND OTHER CHANGES TO THE PROFESSIONAL EMPLOYER ORGANIZATION STATUTES.

Senate committee substitute makes the following changes to the 1st edition.

Repeals GS 58-89A-5(8) defining hazardous financial condition.

Amends GS 58-89A-50(a), concerning surety bonds, providing that an applicant whose current assets do not exceed current liabilities pursuant to GS 58-89A-60(b) must file an additional surety bond or other items as set forth in subsection GS 58-89A-5(f), equal to or in excess of current liabilities, less current assets.

Amends GS 58-89A-60(b), providing that every applicant must file with the Commissioner an audited GAAP financial statement, prepared as of a date not more than 90 days before the application, that demonstrates that the applicant or licensee's current assets exceed current liabilities. Sets out the requirements for the GAAP financial statement, including that it must be audited by an independent certified public accountant licensed to practice in the jurisdiction in which the accountant is located and that the accountant cannot have qualification as to the going concern status of the PEO. Provides that a PEO group can submit combined or consolidated audited financial statements to meet the above requirements, except for PEOs that do not have sufficient operating history.

Amends GS 58-89A-85, Supervision; rehabilitation; liquidation, requiring the Commissioner to proceed in two specified manners if it is determined that a licensee is bankrupt (previously, allowed if it is determined the licensee is bankrupt or in a hazardous financial condition).

Amends GS 58-89A-95, reinstating previously deleted language which provided that a licensee must give written notice of the agreement, as it affects assigned employees, to each employee assigned to a client company work site.

Amends GS 58-89A-100, regarding contract requirements, providing that, unless otherwise expressly agreed to by a professional employer organization and a client company in a PEO agreement, the client company retains the exclusive right of direction and control over the assigned employees as is necessary to conduct the client company's business. Also provides that the licensee will have the right to hire, discipline, and terminate an assigned employee in accordance with the licensee's responsibilities under GS Chapter 58 and a PEO agreement. Establishes that the client company has the right to hire, discipline, and terminate an assigned employee.

Reinstates previously repealed GS 58-89A-145, Examinations, and provides that the reasonable cost of an examination, including fees related to attorneys, appraisers, and so forth can only be recovered pursuant to GS 58-89A-65(d).

 

Intro. by Meredith.GS 58
S 475 (2013-2014) PEO ACT AMENDMENTS. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO MAKE VARIOUS TECHNICAL, CLARIFYING, AND OTHER CHANGES TO THE PROFESSIONAL EMPLOYER ORGANIZATION STATUTES.

Senate amendment to the 2nd edition makes the following changes.

Amends the enactment date, providing that the act will be effective on October 1, 2013 (was, July 1, 2013).

Intro. by Meredith.GS 58
S 477 (2013-2014) NO SET FEE/NONCOVERED VISION SERVICES. Filed Mar 27 2013, A BILL TO BE ENTITLED AN ACT TO PROHIBIT INSURERS AND HEALTH BENEFIT PLANS FROM LIMITING OR FIXING THE FEE AN OPTOMETRIST MAY CHARGE PATIENTS FOR SERVICES OR MATERIALS UNLESS THE SERVICES OR MATERIALS ARE COVERED BY REIMBURSEMENT UNDER THE PLAN OR INSURER CONTRACT WITH THE OPTOMETRIST.

Senate amendment makes the following change to the 2nd edition:

Changes statutory number for new "§ 58-50-295" to "§ 58-50-300."

Intro. by Meredith, Newton, Walters. GS 58
S 501 (2013-2014) CLARIFY ATV DEF/EST. GEN. GOV. OVERSIGHT COMM (NEW). Filed Mar 27 2013, AN ACT TO BE ENTITLED AN ACT TO MODIFY THE DEFINITION OF ALL-TERRAIN VEHICLE TO REFLECT CHANGES IN THE TYPES OF ALL-TERRAIN VEHICLES SOLD IN NORTH CAROLINA AND TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON GENERAL GOVERNMENT.

Senate committee substitute to the 1st edition makes the following changes. Deletes proposed changes to the definition of all-terrain vehicle or ATV in GS 20-4.01 and instead changes the definition of all-terrain vehicle or ATV to a motorized vehicle 50 inches or less in width (was, no specified width) designed to travel on three or more (was, three or four) low-pressure tires, and manufactured for off-highway use (deletes the requirements concerning the seat and handlebars). Excludes from the term golf carts, utility vehicles, and riding lawnmowers. Also amends the definition of utility vehicle as a motor vehicle that is designed for off-road use and used for general maintenance, security, agricultural, or horticultural purposes (was, designed and manufactured for general maintenance, security, recreation, and landscaping purposes, without specifying off-road use). The term excludes all-terrain vehicles or golf carts and riding lawn mowers.

Adds a section amending GS 20-171.16 requiring a passenger on an all-terrain vehicle who is under 18 years old to wear eye protection and a safety helmet.

Changes the effective date of the act from when the act becomes law to December 1, 2013.

Intro. by Hartsell.GS 20
S 515 (2013-2014) JORDAN LAKE WATER QUALITY ACT (NEW). Filed Mar 27 2013, AN ACT TO DELAY ADDITIONAL IMPLEMENTATION OF THE JORDAN LAKE RULES AND JORDAN LAKE SESSION LAWS AND PROVIDE FOR ALTERNATIVE IMPLEMENTATION OF THE PROTECTION OF EXISTING BUFFERS RULE.

Senate amendment makes the following changes to the 2nd edition:

Makes technical punctuation and grammatical changes.

 

Intro. by Gunn, Wade.UNCODIFIED
S 556 WIND UP HIGH RISK HEALTH INSURANCE POOL. Filed Mar 28 2013, A BILL TO BE ENTITLED AN ACT TO WIND UP THE NORTH CAROLINA HEALTH INSURANCE RISK POOL.

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 58-50-260(d)(9), making a technical change.

Provides that $1 million is to be appropriated from the General fund to the NC Health Insurance Risk Pool Fund (was to be transferred from the Insurance Regulatory Fund) to be used for the purposes set out in GS 58-50-225 and for the winding up of the NC Health Insurance Risk Pool.

Amends GS 58-50-225(c), providing that the final surcharge will be paid to the Pool Fund for the 2013-14 state fiscal year in quarterly installments instead of one annual payment.  The installments will be paid to the Pool Fund 60 days after the close of each quarter and will be due on December 1, 2013; March 1, 2014; June 1, 2014; and September 1, 2014. Excess funds following the final dissolution of the Pool  will be transferred to the General Fund.

Makes a clarifying change.

Repeals GS 58-3-276, Notice relating to the North Carolina Health Insurance Risk Pool.

Intro. by Hise.GS 58
S 580 (2013-2014) EXPEDITE CLEANUP OF ORPHAN LANDFILL SITES. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO ESTABLISH THE NORTH CAROLINA CONTAMINATION SOURCE REMOVAL AND DISPOSAL BOARD, AND TO DIRECT THE BOARD AND THE DIVISION OF WASTE MANAGEMENT OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO STUDY DEVELOPMENT AND IMPLEMENTATION OF A PILOT PROGRAM TO ALLOW A PUBLIC-PRIVATE PARTNERSHIP FOR THE STATE AND EXPEDITED REMEDIATION OF PRE-1983 LANDFILLS AT LITTLE OR NO COST TO THE STATE.

Senate committee substitute to the 1st edition makes the following changes. Makes deletions and additions and clarifies the legislative findings on the remediation of pre-1983 landfills.

Deletes proposed changes to GS 130A-310.6.

Enacts new Part 9 to Article 9 of GS Chapter 130A creating the seven-member NC Contamination Source Removal and Disposal Board (Board) of the Department of Environment and Natural Resources (DENR). Provides that the purpose of the Board is to identify, evaluate, and facilitate innovative processes and mechanisms for safe and more expeditious and cost-effective cleanup of pre-1983 landfills to return those sites to beneficial and productive use. Specifies the Boards's eight powers and duties. Provides that the board is advisory in nature and does not have regulatory authority. Specifies the membership requirements and provides for three-year terms of membership, with a member allowed to be reappointed to no more than two consecutive terms. Provides for the filling of vacancies, compensation, quorum, Board officers, staffing, and meeting requirements. Requires quarterly written reports to the Environmental Review Commission on the Boards' operation, activities, programs, and progress.

Requires the Board and the Division of Waste Management to study development and implementation of a pilot program that allows cleanup of pre-1983 landfill sites using a public-private partnership for the expedited and safe remediation of pre-1983 landfills to return those sites to safe and beneficial and productive use, at little or no cost to the state (was, the Division of Solid Waste must develop and present to the Environmental Management Commission a plan for a pilot public-private partnership for cleanup of no less than nine pre-1983 landfill sites). Specifies issues to be considered in the study. Requires DENR to seek US EPA approval of all elements of a pilot program proposed under the study. Requires DENR to submit any information that the US EPA requires by December 31, 2013. Requires the Board and DENR to report their findings and recommendations to the Environmental Review Commission and the Joint Legislative Commission on Governmental Operations on or before January 15, 2014.

Deletes the provision requiring the Revisor of Statutes to change the reference to "this act" in GS 130A-310.6 to the assigned Session Law number.

Updates the act's long title.

Intro. by Tarte. GS 130A
S 614 (2013-2014) MILITARY LANDS PROTECTION ACT. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO FURTHER PROTECT MILITARY LANDS, TO MAKE AMENDMENTS TO THE MILITARY AFFAIRS COMMISSION, AND TO PROTECT SENSITIVE MILITARY DOCUMENTS.

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 58-36-105(b) to allow that the notice of cancellation of workers' compensation insurance that is required to be provided to the insured may be given by registered or certified mail (was, required to be sent by registered or certified mail). Provides that notice of cancellation may also be given by any method permitted for service of process pursuant to the North Carolina Rules of Civil Procedure. Makes conforming change.

Provides that the above change is effective when it becomes law (was, effective when becomes law and applies to policies in effect on or after that date).

Deletes all proposed changes to GS 97-19.1 and GS 97-36 in 1st edition.

Intro. by Brown. GS 58
S 614 (2013-2014) MILITARY LANDS PROTECTION ACT. Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO FURTHER PROTECT MILITARY LANDS, TO MAKE AMENDMENTS TO THE MILITARY AFFAIRS COMMISSION, AND TO PROTECT SENSITIVE MILITARY DOCUMENTS.

Senate amendment makes the following change to the 2nd edition:

Changes the effective date of the act from when it becomes law to September 1, 2013.

Intro. by Brown. GS 58
S 717 (2013-2014) MV SAFETY INSPECTOR/MV LICENSING LAW CHANGES (NEW). Filed Apr 2 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE DIVISION OF MOTOR VEHICLES DISCRETION IN ASSESSING PENALTIES AND SUSPENSIONS ON SAFETY INSPECTION LICENSE HOLDERS FOR SAFETY INSPECTION LAW VIOLATIONS AND TO CLARIFY THE MOTOR VEHICLE DEALERS AND MANUFACTURERS' LICENSING LAW.

Senate committee substitute makes the following changes to the 1st edition. Deletes the proposed changes to GS 20-183.8F in the previous edition. Amends GS 20-183.7A (penalties applicable to license holders and suspension or revocation of license for safety violations) to provide that the Division of Motor Vehicles may take the specified actions for violations (was, the Division was required to take the specified actions).

Retains the October 1, 2013, effective date.

Updates the act's short and long titles.

Intro. by Rabon. GS 20

The Daily Bulletin: 2013-05-15

LOCAL/HOUSE BILLS
H 533 (2013-2014) DETENTION OF MENTALLY ILL IN FACILITY (NEW). Filed Apr 3 2013, A BILL TO BE ENTITLED AN ACT TO AUTHORIZE COMPANY P0LICE OFFICERS IN CERTAIN COUNTIES TO USE APPROPRIATE AND REASONABLE FORCE TO KEEP A RESPONDENT AT THE FACILITY WHERE THE RESPONDENT IS TO OBTAIN AN EXAMINATION BY A PHYSICIAN OR PSYCHOLOGIST PURSUANT TO COURT ORDER.

House amendment to the 2nd edition, as amended, adds Cumberland County to those counties to which the act applies.

Intro. by Jordan.GS 122C

The Daily Bulletin: 2013-05-15

LOCAL/SENATE BILLS
S 236 (2013-2014) SUP. CT. JUDGE CAN PERFORM MARRIAGE (NEW). Filed Mar 7 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW A SUPERIOR COURT JUDGE OF THIS STATE TO PERFORM MARRIAGE CEREMONIES.

Senate amendment makes the following change to the 2nd edition:

Revises the effective date clause to add that the act does not apply to any present or future school facilities that are physically located within the boundaries of the Kannapolis City School System.

Intro. by Hunt, Apodaca, Brunstetter.GS 115C, GS 153A
S 236 (2013-2014) SUP. CT. JUDGE CAN PERFORM MARRIAGE (NEW). Filed Mar 7 2013, A BILL TO BE ENTITLED AN ACT TO ALLOW A SUPERIOR COURT JUDGE OF THIS STATE TO PERFORM MARRIAGE CEREMONIES.

Senate committee substitute makes the following changes to the 1st edition.

Amends proposed GS 153A-158.1A(c)(2) to clarify that the term "school capital funds" includes all or part of funds appropriated to the school capital outlay fund as provided in GS 115-426(f)(1) and (2). Clarifies that a local board of education operates risk management programs, not the school board.

Amends GS 115C-426 to correct a cite to a statute and to provide that a county's capital outlay should not include appropriations for those purposes provided in subsections (f)(1) and (f)(2) of this section.

Amends GS 115C-431 to clarify that if a county has assumed responsibility for the ownership, acquisition, construction, and improvement of school property under GS 153A-158.1A, this section does not apply to disputes over capital outlay funds as provided in GS 115C-426(f)(1) and (f)(2).

Amends GS 115C-521 to require a local board of education to annually submit, concurrent with the submission of the school budget, the needs for school buildings necessary to provide adequate provisions for the public school term, if the county has assumed responsibility for school buildings under GS 153A-158.1A. Provides that when a county has assumed responsibility for school buildingsand there is a dispute between the local board of educationand county commissioners as to whether adequate school buildings have been provided for the publicschool term by the county, the local board of education and county commissioners may resolve the dispute using the mediation process provided in GS 115C-431(a) and (b). Conditions a county's acquisition ofrelocatable or mobile classroom units upon receipt of notice from the local board of education thatthe existing permanent school building lacks sufficient classrooms to house the school's anticipated pupil enrollment. Provides for theresolution of any dispute regarding the need for mobile units via the mediation process provided in GS 115C-431(a) and (b).

Makes technical corrections to GS 115C-534. Provides that this act applies only to the following counties: Beaufort, Dare, Davie, Guilford, Harnett, Lee, Rockingham, Rowan, and Wake. Specifies that this act does not apply to the Kannapolis City School System.

Intro. by Hunt, Apodaca, Brunstetter.Beaufort, Dare, Davie, Guilford, Harnett, Lee, Rockingham, Rowan, Wake
S 297 (2013-2014) WINSTON-SALEM/LOCAL DEVELOPMENT. Filed Mar 13 2013, A BILL TO BE ENTITLED AN ACT PROVIDING THAT THE CITY OF WINSTON-SALEM MAY UNDERTAKE CERTAIN ECONOMIC DEVELOPMENT ACTIVITIES WITHOUT COMPLYING WITH THE STATE'S CONTRACT LAWS.

Senate amendment makes the following change to the 1st edition:

Revises GS 158A-7.1(c1) to require the city to establish minority and woman business participation goals for economic development activities authorized under that section and to require recipients of city economic development funds to make a good faith effort to comply with these goals.

Intro. by Parmon, Brunstetter.Forsyth
ACTIONS ON BILLS
NOTES 1. Digests appearing under “Summaries of Bills Filed” are for bills stamped with today’s filing date.
  2. Amendments and committee substitutes adopted today are summarized following the chamber action.
  3. Subscribers can find the digest of every version of each bill online at lrs.sog.unc.edu.
  4. The dates on which previous amendments or committee substitutes were adopted are listed below bill numbers.
  5. The action "Cal Pursuant Rule 36b" indicates that the bill has been reported by committee and is awaiting calendaring.
  6. Enacted bills are indicated by #, failed bills by *. Actions that change a bill are indicated by HA or SA.

Actions on Bills: 2013-05-15

PUBLIC BILLS

H 27: ESCHEAT SAVINGS BOND TRUST FUND/SCHOLARSHIPS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 92: GSC TECHNICAL CORRECTIONS 2013.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 94: AMEND ENVIRONMENTAL LAWS 2013.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Agriculture/Environment/Natural Resources

H 109: MOTORCYCLE HELMET LAW/STUDY (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 112: MODIFICATIONS/2013 APPROPRIATIONS ACT (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 119: NATURAL GAS/RATE ADJUSTMENT MECHANISM.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Ordered Enrolled

H 157: LIMIT USE OF HIGHWAY FUND CREDIT BALANCE.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 168: DIVISION OF ATTY'S FEES IN WORKERS' COMP (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 177: AMEND CERTIFICATE OF NEED LAWS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 182: ADJOURNMENT (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 201: BUILDING REUTILIZATION FOR ECONOMIC DEV. ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

H 204: UPDATE/MODERNIZE/MIDWIFERY PRACTICE ACT.

    House: Serial Referral To Regulatory Reform Stricken
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 232: STATE HEALTH PLAN/STATUTORY CHANGES.-AB

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 243: LIENS/SELF-SERVICE STORAGE FACILITIES.

    House: Rec From Senate
    House: Rec To Concur S Com Sub

H 254: ZONING CHANGES/NOTICE TO MILITARY BASES.

    House: Rec From Senate
    House: Rec To Concur In S Amend 1

H 269: CHILDREN W/DISABILITIES SCHOLARSHIP GRANTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amendment Ruled Out of Order 3
    House: Passed 2nd Reading
    House: Amend Failed A4
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 273: CHARTER SCHOOL/LEA ACCOUNTING OF FUNDS.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading

H 300: CITIES/PUBLIC TRUST RIGHTS.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 311: REPEAL LITERACY TEST.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary I

H 320: MEDICAID MANAGED CARE/BEHAVIORAL HEALTH SVCS.

    House: Amend Adopted A2
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 341: TAX CREDIT FOR DOL APPRENTICE HIRES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 343: COURTS/PROCEDURE AND FEE AMENDMENTS.-AB

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary I

H 345: INCREASE PENALTIES FOR MISUSE OF 911 SYSTEM.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 348: PUBLIC SAFETY TECHNOLOGY/STATE ROW.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Transportation

H 359: RETIREMENT ADMINISTRATIVE CHANGES ACT OF 2013.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 362: DEPT. OF PUBLIC SAFETY CHANGES.-AB

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 378: STUDY OVERSIGHT OF MPOS.

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 417: MODIFY INTERNAL AUDITING STATUTES.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 428: NORTH CAROLINA SCHOOL BUS SAFETY ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Transportation

H 433: LAND USE SURROUNDING MILITARY INSTALLATIONS.

    Senate: Amend Adopted A1
    Senate: Passed 3rd Reading
    Engrossed

H 440: NORTH CAROLINA BENEFIT CORPORATION ACT.

    House: Placed On Cal For 05/15/2013
    House: Amend Adopted A1
    House: Amend Adopted A2
    House: Amend Adopted A3
    House: Amend Adopted A4
    House: Amend Adopted A5
    House: Failed 2nd Reading
    House: Reconsidered 2nd Reading
    House: Withdrawn From Cal
    House: Ref to the Com on Commerce and Job Development, if favorable, Rules, Calendar, and Operations of the House

H 450: CRIMINAL CONTEMPT/BAIL PROCEDURE (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 458: PUBLIC HOSPITAL CONVEYANCES (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to State and Local Government. If fav, re-ref to Judiciary II
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to State and Local Government. If fav, re-ref to Judiciary II

H 461: JUDICIAL DEPARTMENT TRAVEL REIMBURSEMENT.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Appropriations

H 465: NO POSSESSION OF FIREARMS/UNDOCUMENTED ALIENS.

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 473: NC CAPTIVE INSURANCE ACT.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 479: AMEND ELECTROLYSIS PRACTICE ACT/FEES.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Health Care. If fav, re-ref to Finance

H 480: ENVIRONMENTAL PERMITTING REFORM.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Agriculture/Environment/Natural Resources

H 484: PERMITTING OF WIND ENERGY FACILITIES.

    House: Rec From Senate
    House: Rec To Concur S Com Sub
    House: Added to Calendar
    House: Concurred In S/Com Sub
    House: Ordered Enrolled

H 498: AUTISM HEALTH INSURANCE COVERAGE (NEW).

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Amend Adopted A1
    House: Amend Failed A2
    House: Amend Adopted A3
    House: Amend Failed A4
    House: Amend Failed A5
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 519: PROPERTY INSURANCE RATE-MAKING REFORM.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Insurance

H 522: FOREIGN LAWS/PROTECT CONSTITUTIONAL RIGHTS (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 536: IGNITION INTERLOCK REQ'D/ALL DWIS.

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Finance

H 573: STORMWATER MANAGEMENT FEE USES.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 614: NC AGRICULTURE AND FORESTRY ACT.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 615: REMOVE REVOCATION FOR DWLR (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 632: PROPERTY OWNERS PROTECTION ACT/STUDY (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 634: STANDARDIZE EMERGENCY HOSPITAL CODES.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

H 639: WC INS. CANCELLATION/ELEC. COMMUNICATONS (NEW).

    House: Serial Referral To Judiciary Subcommittee A Stricken
    House: Serial Referral To Commerce and Job Development Stricken
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 643: PROTECT OFFICERS FROM RETALIATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Failed 2nd Reading
    House: Reconsidered 2nd Reading
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 644: PREVENT HAZARDOUS DRUG EXPOSURE.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Health Care

H 649: SMALL GROUP HEALTH INS. TECHNICAL CHANGES.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 663: DEFINE PRACTICE OF LAW.

    House: Re-assigned To Judiciary
    House: Assigned To Judiciary Subcommittee B
    House: Re-assigned To Judiciary
    House: Assigned To Judiciary Subcommittee A
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Re-assigned To Judiciary
    House: Assigned To Judiciary Subcommittee B
    House: Re-assigned To Judiciary
    House: Assigned To Judiciary Subcommittee A
    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 669: 2013 APPOINTMENTS BILL (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 674: STUDY MEDICAID PROVIDER HEARINGS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 683: COMMONSENSE CONSUMPTION ACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Amend Adopted A1
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 684: INCREASE DRIVEWAY SAFETY ON CURVY ROADS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Transportation

H 691: LIMIT SOLDIERS CC TUITION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 695: FAMILY, FAITH, AND FREEDOM PROTECTION ACT (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading

H 710: WATER UTILITY RECOVERY.

    House: Passed 3rd Reading
    House: Ordered Engrossed

H 711: DEFINE PARENTAL RIGHTS STANDARD/STATUTORY LAW.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 714: DISPOSITION OF ABANDONED FIREARMS (NEW).

    House: Amend Adopted A1
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 727: ALT. PROCEDURE FOR OBTAINING SALVAGE TITLE.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Transportation

H 730: INSURANCE & HEALTH CARE CONSCIENCE PROTECTION (NEW).

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Amend Failed A2
    House: Amend Adopted A3
    House: Passed 2nd Reading

H 735: STUDENT ORGANIZATIONS/RIGHTS & RECOGNITION

    House: Amend Failed A1
    House: Amend Failed A2
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 739: CIVIL PROCEDURE/REQUIRE CERTIFICATE OF MERIT.

    House: Withdrawn From Com
    House: Re-ref Com On Judiciary
    House: Assigned To Judiciary Subcommittee B

H 743: UI LAWS ADMINISTRATIVE CHANGES.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 751: NC RELIGIOUS FREEDOM RESTORATION ACT.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Fiscal Note Requested

H 755: LEGAL NOTICES/REQUIRE INTERNET PUBLICATION

    House: Amend Adopted A1
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 759: REQUIRED NUMBER OF OPERATING BRAKE LIGHTS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Transportation

H 773: LOCAL GOV'TS/BLDGS/STRUCTURES/INSPECTIONS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

H 777: SEX OFFENDER/EXPAND RESIDENTIAL RESTRICTIONS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 793: HOAS/FIDELITY BONDS.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 796: EXEMPT CERTAIN COLUMBARIUMS/CEMETERY ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

H 805: BAN SMOKING IN FOSTER CARE SETTING/INFANTS.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/16/2013

H 810: MODIFY CERTAIN CEMETERY REQUIREMENTS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Commerce

H 814: STUDY WATER & SEWER SERVICE DISTRICTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/16/2013

H 816: TOBACCO GROWERS ASSESSMENT ACT (NEW).

    House: Withdrawn From Cal
    House: Re-ref Com On Finance

H 834: MODERN STATE HUMAN RESOURCES MANAGEMENT/RTR (NEW).

    House: Amend Failed A1
    House: Amend Failed A2
    House: Amend Failed A3
    House: Passed 3rd Reading

H 838: EXCEPTIONAL CHILDREN'S SERVICES/STUDY.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 840: TASK FORCE ON DEAF EDUCATION (NEW).

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 842: STUDY OF SPIRITOUS LIQUOR SALES-DISTILLERY (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 843: STUDENTS & ADMINISTRATION EQUALITY ACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 846: JOB AND EDUCATION PRIVACY ACT.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Amend Adopted A1
    House: Passed 2nd Reading

H 848: STUDY--CHILDREN'S HEALTH AND TOXIC CHEMICALS (NEW).

    House: Reptd Fav Com Substitute
    House: Re-ref Com On Health and Human Services

H 854: BROADBAND/USF STUDY (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 855: HUMAN TRAFFICKING.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 857: PUBLIC CONTRACTS/CONSTRUCTION METHODS/DB/P3.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 868: RESID. SCHOOL CHANGES.

    House: Withdrawn From Com
    House: Re-ref Com On Rules, Calendar, and Operations of the House
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 884: DROPOUT PREV./RECOVERY PILOT CHARTER SCHOOL (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Education/Higher Education. If fav, re-ref to Appropriations/Base Budget
    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref to Education/Higher Education. If fav, re-ref to Appropriations/Base Budget

H 888: STUDY DRUG LAWS/ELLISON V. TREADWAY (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 891: EXPLOITATION OF SRS/FREEZE DEFENDANT'S ASSETS.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 895: UNC/MAHEC/HONOR REP. MARY NESBITT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 900: EXEMPT CONTINUING CARE FACILITIES FROM CON.

    House: Withdrawn From Com
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 901: ADJOURNMENT RESOLUTION (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 902: EDUCATION AND WORKFORCE INNOVATION ACT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Education/Higher Education

H 908: WHITE COLLAR CRIME INVESTIGATION (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 912: VOLUNTARY CONTRIBUTIONS TO THE GENERAL FUND (NEW).

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Finance

H 918: ELECTIONEERING AND IE REPORTING CHANGES.

    House: Passed 2nd Reading
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 919: CAMPAIGN FINANCE ELECTRONIC REPORTING.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 923: SPECIFY TIME/REINSTATE LICENSE/CHILD SUPPORT.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 926: NOTARIES/PRIVATE RIGHT OF ACTION.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Judiciary II

H 936: WILDLIFE POACHER REWARD FUND.

    House: Reptd Fav Com Sub 2
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 982: MODIFY MEDICAID SUBROGATION STATUTE.

    House: Reptd Fav Com Substitute
    House: Cal Pursuant Rule 36(b)
    House: Added to Calendar
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 25: HUNTING & FISHING/ACTIVE DUTY MILITARY.

    House: Rec From Senate

S 73: LOCAL WORKFORCE DEV./DISLOCATED WORKERS.

    House: Passed 1st Reading
    House: Ref To Com On Commerce and Job Development

S 85: UNC/MED STUDENT CLINICAL ROTATION SLOTS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 103: AMEND ASSESSMENTS FOR INFRASTRUCTURE NEEDS (NEW).

    Senate: Passed 2nd Reading

S 112: CREATE JOBS THROUGH REGULATORY REFORM (NEW).

    Senate: Passed 2nd Reading
    Senate: Amend Adopted A1
    Senate: Passed 3rd Reading
    Engrossed

S 127: ENERGY/ECONOMIC DEVELOPMENT MODIFICATIONS (NEW).

    House: Rec From Senate

S 132: HEALTH CURRICULUM/PRETERM BIRTH.

    House: Passed 1st Reading
    House: Ref To Com On Health and Human Services

S 151: COASTAL POLICY REFORM ACT OF 2013.

    Senate: Reptd Fav As Amended
    Senate: Com Amend Adopted 1
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Amend Failed A2
    Senate: Amend Tabled A3
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 156: CLARIFY LEC PROCEDURES/TC.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 174: DISAPPROVE INDUSTRIAL COMMISSION RULES.

    Senate: Passed 2nd Reading

S 182: LIMIT APPEALS TO SUPERIOR COURT.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 199: ELECTRIC MEMBERSHIP CORPS/MEMBER CONTROL.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

S 210: AUTHORIZE CHIEF MAGISTRATES.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 211: CITIES/PUBLIC NUISANCE NOTICE.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 248: CHOICE OF HEARING AID SPECIALIST.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Insurance

S 287: NOTICE PUBLICATION--CERTAIN LOCAL GOVS. (NEW).

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

S 294: ALLOW USE OF DOT STORMWATER BMPs (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 327: CLARIFY MOTOR VEHICLE LICENSING LAW.

    House: Passed 1st Reading
    House: Ref to the Com on Transportation, if favorable, Commerce and Job Development

S 376: MONTGOMERY CO. EMPLOYEES IN STATE HEALTH PLAN.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 393: CONSTRUCTIVE FRAUD/LIMITATIONS PERIOD.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee A

S 399: CRIMINAL DEFENDANT MAY WAIVE JURY TRIAL.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee B

S 403: OMNIBUS ELECTION CLARIFICATIONS (NEW).

    House: Passed 1st Reading
    House: Ref To Com On Banking
    House: Passed 1st Reading
    House: Ref To Com On Banking

S 406: REPEAL LAWS DENIED SECTION 5 PRECLEARANCE.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 409: ASSESS COSTS/RESTRAINING ORDERS (NEW).

    House: Rec From Senate

S 431: CONFIRM COMMISSIONER OF BANKS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 444: UNC/CHEROKEE LANGUAGE.

    House: Passed 1st Reading
    House: Ref To Com On Education

S 463: JAIL DORMITORY MINIMUM STANDARDS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 465: PROHIBIT USE OF TAX ZAPPER SOFTWARE.

    House: Passed 1st Reading
    House: Ref to the Com on Judiciary Subcommittee C, if favorable, Appropriations

S 468: ALIGN INSPECTIONS W/INSTALLER LICENSING.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 475: PEO ACT AMENDMENTS.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 477: NO SET FEE/NONCOVERED VISION SERVICES.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 494: COMMUNITY SERVICE/POST-RELEASE SUPERVISION.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 501: CLARIFY ATV DEF/EST. GEN. GOV. OVERSIGHT COMM (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 515: JORDAN LAKE WATER QUALITY ACT (NEW).

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 553: LME/MCO ENROLLEE GRIEVANCES & APPEALS.

    House: Rec From Senate

S 556: WIND UP HIGH RISK HEALTH INSURANCE POOL.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Appropriations/Base Budget

S 580: EXPEDITE CLEANUP OF ORPHAN LANDFILL SITES.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 583: METAL THEFT STATUTE AMENDMENTS.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 584: AMEND FALSE LIENS LAW.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 613: CREATE MILITARY AFFAIRS COMMISSION.

    House: Rec From Senate

S 614: MILITARY LANDS PROTECTION ACT.

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed
    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 626: RECODIFY ANIMAL SHELTER LAW.

    House: Passed 1st Reading
    House: Ref To Com On Agriculture

S 630: EVIDENCE & DNA EXPUNCTION LAWS.-AB

    House: Rec From Senate

S 636: WILDLIFE RESOURCES COMM. PENALTY CHANGES.

    House: Rec From Senate

S 653: CLARIFY DEALER PLATES (NEW).

    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 676: 10 YR. MIN FOR 2ND GUN FELONY CONVICTION.

    Senate: Withdrawn From Cal
    Senate: Re-ref Com On Rules and Operations of the Senate

S 683: SAFE HARBOR/VICTIMS OF HUMAN TRAFFICKING.

    House: Passed 1st Reading
    House: Ref To Com On Judiciary Subcommittee B

S 689: AMEND TRAPPING LAW.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 717: MV SAFETY INSPECTOR/MV LICENSING LAW CHANGES (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Placed on Today's Calendar
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

Actions on Bills: 2013-05-15

LOCAL BILLS

H 305: CHAPEL HILL/ECONOMIC DEVELOPMENT PROJECTS.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/16/2013

H 365: SPECIAL ELECTION CHATHAM CO. SCHOOL BD.

    House: Withdrawn From Com
    House: Re-ref Com On Finance

H 421: MARSHVILLE DEANNEXATION.

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading

H 491: SCHOOL RESOURCE OFFICERS/LEE COUNTY.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On Rules and Operations of the Senate

H 504: LOCAL ELECTRONIC NOTICE.

    House: Withdrawn From Cal
    House: Re-ref Com On Rules, Calendar, and Operations of the House

H 512: CENTRAL CAROLINA COM. COLL. TRUSTEE ELECTIONS (NEW).

    House: Passed 2nd Reading
    House: Passed 3rd Reading

H 530: BUNCOMBE MPO MEMBERSHIP.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 533: DETENTION OF MENTALLY ILL IN FACILITY (NEW).

    House: Amend Adopted A3
    House: Passed 3rd Reading
    House: Ordered Engrossed

H 562: CRAMERTON CHARTER REVISAL.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 567: LUMBERTON DEANNEXATION.

    Senate: Rec From House
    Senate: Passed 1st Reading
    Senate: Ref To Com On State and Local Government

H 726: WAKE COUNTY COMM. RESP. FOR SCHOOL CONSTR. (NEW).

    House: Reptd Fav
    House: Cal Pursuant Rule 36(b)
    House: Placed On Cal For 05/15/2013
    House: Passed 2nd Reading
    House: Passed 3rd Reading

S 226: REPEAL 1935 DURHAM CO. FIREARM ACT (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 236: SUP. CT. JUDGE CAN PERFORM MARRIAGE (NEW).

    Senate: Reptd Fav Com Substitute
    Senate: Com Substitute Adopted
    Senate: Re-ref Com On Finance
    Senate: Reptd Fav
    Senate: Placed on Today's Calendar
    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 257: ALAMANCE/GUILFORD COUNTY BOUNDARY.

    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading

S 269: SALISBURY/DEANNEX ROWAN CTY AIRPORT PROPERTY.

    Senate: Passed 2nd Reading

S 297: WINSTON-SALEM/LOCAL DEVELOPMENT.

    Senate: Amend Adopted A1
    Senate: Passed 2nd Reading
    Senate: Passed 3rd Reading
    Engrossed

S 523: WRIGHTSVILLE BEACH DEANNEX/WILMINGTON ANNEX (NEW).

    Senate: Passed 2nd Reading
    Senate: Passed 2nd Reading

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